Supreme Court of India · 2012-10-01
MANHARIBHAI MULJIBHAI KAKADIA vs SHAILESHBHAI MOHANBHAI PATEL .
- Citation / case number
- SC 2005/24274
- Court
- Supreme Court of India
- Petitioner
- MANHARIBHAI MULJIBHAI KAKADIA
- Respondent
- SHAILESHBHAI MOHANBHAI PATEL .
- Author
- R.M. Lodha
- Bench
- R.M. LODHA,CHANDRAMAULI KR. PRASAD,SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court held that under Section 401(2) of the Criminal Procedure Code, 1973, a suspect is entitled to be heard in a revision application filed by the complainant challenging the dismissal of a complaint under Section 203. The Court emphasized that no order should be made to the prejudice of the accused without giving them an opportunity to be heard. Consequently, the appeal was allowed, and the order of the Gujarat High Court dismissing the appellants' application to be heard was set aside.